Abstract
The ECJ judgments in the Viking and Laval cases constitute part of the sometimes so-called ‘Laval-quartet’ decisions; they involve relation between the right to take collective action including the right to strike and European fundamental economic freedoms such as freedom of establishment (now TFEU Art. 49) and freedom to provide services (now TFEU Art. 56). At first sight, Viking and Laval are notable because they recognize the fundamental right to take collective action by means of the general principles of Community law; no previous legally binding provisions in Community law had explicitly laid down such a right. Nevertheless a more striking feature of the decisions is that the Court subordinates the workers’ fundamental social right to economic freedoms, as labour lawyers correctly point out.
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